Omaha daily bee., 1887-03-30
BARRING The LIQUOR BARS.
A Batch Of Saloon Iniunctions at Last in
The Sheriff's Hands.
A MEETING OF RAlLROAoERs
G. s. Clark Captured BY Cupid-Safe
Blowers Seek silver In Silver City
The Amusements-Dirt Still
Changing Hands.
The Writs Issue.


brief, was an important and rather sen.
sational one. The chief interest cen.
tered in the saloon cases. The first move
was the statement made by Clerk Shea
through his attorney, MIR. Pusey. MIR.
Shea explained the peculiar position in
which he was placed. Judge Thornell
had ordered the temporary writs of in
junction issued. Then the defendants
filed supersedeas bonds. The clerk
thought these bonds might stay the
writs, and following these came a per-
emptory order from Judge Thornell to
issue the writs. Before he could do so
Judge Aylcsworth, of the superior court
issued injunctions restraining him from
issuing them. In the historical statement
the clerk called attention to the double
fire between which he was placed. II he
issued the injunctions Judge Ayesworth
might punish him. If not, Judge Thor
nell might suspend him. He asked Judge
Thornell to extend the time for issuing
the writs until the Aylesworth !njunc.
tions could be dissolved or the difficulties
otherwise removed Attorney Sims, in
behalf of the prohibitionists, asked that
Judge Thornell should dissolve the. in.
functions issued by Judge Aylesworlh, SO
that the clerk could proceed without
danger.
Attorney Haldene, on the other side,
wanted Sims to make showing rs to his
authority to ask to have the Aylesworth
injunctions dissolved. the law being that
the defendants only could make such a
request, and it not appearing that Sims
was acting in the interests or at the re-
quest of either of the defendants, the
clerk or the sheriff.
There were also motions for continu-
ances of the hearing of the motion to dis
solve the Aylesworth injunctions.
From out Of this tangle it seemed that a
delay must result in the issuing of the
nell called up the matters at 2 o'clock,
and then Mr.. Haldene was busy in the
United States court. After waiting lit
tie while, and sending for the absent at
torney, Judge Thornell concluded to take
a recess until 8 o'clock, informing the
parties concerned that the questions must
be submitted that afternoon. A few min
utes later MIR. Haldene appeared. He in
formed the judge that case IN which he
was concerned had just been called in the
federal court, and that his presence there
was necessary. He could not wait to at
tend to the matters in Judge Thornelrs
court If the judge insisted on his being
in two places at once, he would have to
leave the matter as it was, and asked the
judge to note his exceptions to the rul-
ings: .. - . ,,, H..
posed of. Judge Thornell expressed him
self as not censurng the clerk, nor being
in any disagreement with him. AS to the
injunctions of Judge Aylesworth he
promptly dissolved them, sustaining Mr..
Sims motion to that effect. He said it
mattered not whether MIR. Sims was rep
resenting the clerk and sheriff in this
matter, or not. They were not the parties
interested in having the writs issued, and
the law enforced. Mr.. Sims therefore
represented really the party interested IN
having the injunctiOns dissolved. 1t mat
tered not anyway, for he believed that a
court had the inherent power to see that
| its own orders were carried out. AS to
| the question whether supersedeas bonds
| prevented the issuing of the writs, that
had been presented to him on the 4th of
| February, and there had been plenty OF
| time allowed to consider that. He did
not believe the supersedeas bonds had
that effect. As an instance he cited the
st. Louis riot, where writs of injunction
were issued retaining certain persons
from their unlawful acts. II they could
have filed supersedeas bonds. and then
kept on with their riot, it would have
been nonsense. He therefore ordered the
clerk to issue the writs. The writs could
harm no one. They simply forbade per.
sons from violating the law. If they were
not violating the law, It would not inter.
fere with their business.
The dissolution of the Aylesworth in
functions made the request of the clerk
unnecessary, as by their dissolution
there was nothing restraining him from
obeying the order Of the court.
than Clerk Shea jumped out Of his chair,
went to the desk and got the bundle OF
writs which had been prepared: He COM
nenced signing them and affixing his
seal, and within ten minutes the wrlts
were in the hands of the sheriff. They
were against the following persons: u.
j. McAdams, Mike Nolan, Hoist 4 Spet-
man, VIM. A. Evans, A. Dorflinger,. Max
Mohn, Otto Lund, Metcalf g. Beurdsley,
Meyer. John Mergen, Jacob Neumeyer,
M. &. O'Connor, Rapp & Allen, Theo
Lund, H. Hetman, Oliver Lower, Peter
Bechtele, Forrest Kinney, John ID. Mich
olson, A. l.. Kahle.
The sheriff could give no positive in
formation as to when he would serve the
writs. He would serve them as soon a.
possible. He had first to make copies Of
the writs, which would take little time
but probably the papers would be al
served within twenty-fOur hours.
The number of saloons thus enjoinet
is twenty-five. The natural query arises
as to what they are going to do about it
Will they close? Inquiry of severa
named in the writs, gave little definite
information. They all seemed to b,
waiting for instruction from their advis
not close. but will keep on selling cigars
pop, lemonade and other articles no
prohibited by law. Others intimate tha
. there will be further appeal to tn